Madras High CourtCRL OP(MD)/1855/2022allowed

Fatima v. The Inspector Of Police

2022-02-01Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1855 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1855 of 2022 and Crl.M.P.(MD)No.1347 of 2022 Fatima ... Petitioner/ Accused No.1 Vs.

1.The State Represented by The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

(In Crime No.853 of 2018) ... Respondent No.1/Complainant 2.Mrs.Thiruvaranga Selvi Village Administrative Officer (Sankaraperi), Thoothukudi Part-2 (In-charge), Thoothukudi District.

... Respondent No.2/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records pertaining to the impugned First Information Report in Crime No.853 of 2018 on the file of the first respondent police station and quash the same as against the petitioner concerned/Accused 1.

For Petitioner : Mr..E.Henri Tiphagne For R1 : Mr.B.Thanga Aravindh Govt. Advocate (Crl. Side)

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the first respondent.

2.The petitioner is figuring as the first accused in Crime No.853 of 2018 registered on the file of the Thoothukudi South Police Station for the offences under Sections 147 and 341 of IPC. The final report was not filed within one year. It is true that even after the expiry of the limitation period, final report can be filed. But then explanation must be forthcoming. In this case, no https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1855 of 2022 explanation for the delay is forthcoming. Therefore, invoking Section 468 of Cr.P.C., the prosecution is terminated. The Criminal Original Petition is allowed. The benefit of this order will enure in favour of the non-petitioning accused also. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) sji Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.1855 of 2022 and Crl.M.P.(MD)No.1347 of 2022 01.02.2022 RD(17.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2